Rajgir Yadav v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
Criminal Miscellaneous No.44505 of 2017 Arising Out of PS.Case No. -229 Year- 2017 Thana -BAHERA District- DARBHANGA ====================================================== Rajgir Yadav son of Late Soti Yadav, Resident of Village- Radhiyam, P.S. Bahera, District- Darbhanga.
.... .... Petitioner
Versus
The State of Bihar .... .... Opposite Party ====================================================== Appearance :
For the Petitioner : Mr. Vinay Mistry, Advocate For the Opposite Party : Mr. Ashlam Ansari (APP) ====================================================== CORAM: HONOURABLE MR. JUSTICE JITENDRA MOHAN SHARMA ORAL ORDER 03-10-2017 Heard learned counsel for the petitioner and learned counsel for the State.
The petitioner apprehends his arrest in connection with Bahera P.S. Case No. 229 of 2017, registered for the offences punishable under Sections 447, 341, 323, 324, 307, 379, 504, 506/34 of the Indian Penal Code.
The allegation against the petitioner is that he assaulted with farsa on the head of Srawan Yadav, resulting, bleeding.
Submission is of false implication and that on the person of Srawan Yadav injury has been found caused by hard and blunt substance, but opinion has been kept reserved. Due to dispute of passage, the occurrence has taken place. There is case
Patna High Court Cr.Misc. No.44505 of 2017 (2) dt.03-10-2017 2/2 and counter case and, as such, the petitioner deserves sympathetic consideration.
The learned A.P.P. opposes the prayer of pre-arrest bail by submitting that on the vital part injury has been found on the person of Srawan Yadav which is scalp deep vide Anneuxre-2. In the facts and circumstances as stated above, considering the injury on vital part, I am not inclined to grant privilege of pre-arrest bail to him and accordingly his such prayer stands rejected in connection with Bahera P.S. Case No. 229 of 2017, pending in the Court of learned A.C.J.M., Benipur, Darbhanga.
(Jitendra Mohan Sharma, J.) Rajiv/- U T